Goldberg
Cohen, L.L.P. is a law firm formed in 2010 to represent LNC
and its affiliate Admar International, Inc. in their
intellectual property matters. (Docs. 1, 6-1). Morris E.
Cohen (“Cohen”) is the nephew of the three
founders of LNC and a first cousin to its present-day
shareholders. (Docs. 1, 6-5).

On
August 19, 2016, Defendants filed a suit against LNC in the
United States District Court for the Southern District of New
York for breach of contract for unpaid attorney fees in the
Jackel case. See Goldberg Cohen, LLP v. Luv
N' Care, Ltd., et al., No. 1:16-cv-06576 (S.D.N.Y.).
Defendants moved for partial summary judgment on their breach
of contract claim, which was denied. See Goldberg Cohen,
LLP v. Luv N' Care, Ltd., 2017 WL 3891688, at *1
(S.D.N.Y. Aug. 18, 2017). That action is still pending.

On
February 3, 2017, LNC asked Defendants to turn over their
client file in the Jackel case to LNC or its new
counsel. (Docs. 1, 6-1, 19-1). On February 10, 2017,
Defendants expressly refused to turn over LNC's client
file. (Docs. 1, 6-1, 19-1).

On
February 23, 2017, LNC filed a Rule to Show Cause against
Defendants in the Jackel case, asking the state
court to order Defendants to turn over LNC's client file
to LNC's new counsel. (Docs. 6-4, 19-1, 21-1). A Rule to
Show Cause was held in Jackel on April 19, 2017.
(Docs. 6-1, 19-1, 21-1).

On
March 13, 2017, LNC sued Defendants (the two partners of
Goldberg Cohen, L.L.P. (Doc. 6-1)) for legal malpractice in a
separate suit brought in the Louisiana Fourth Judicial
District Court, Luv N' Care, Ltd. v. Cohen and
Goldberg, No. 17-0811. (Doc. 6-5). LNC alleges that
Defendants failed to turn over LNC's client file after
they were terminated as LNC attorneys. LNC seeks return of
the Jackel file and related damages. (Doc. 6-5).

Defendants
removed LNC's state court legal malpractice case, No.
17-0811, to this Court on May 11, 2017. (Docs. 1, 6-7, 19).
Defendants premised removal on diversity jurisdiction. (Doc.
1). Defendants also filed a “Notice” of its
removal of the “related” action in the
Jackel case. (Docs. 6-1, 19-1) Defendants then filed
a Motion to Enjoin Related State Court Proceedings (Doc. 6).
A Report and Recommendation has been issued recommending
Defendants' Motion to Enjoin (Doc. 6) be denied. (Doc.
71).

On May
31, 2017, the Louisiana Fourth District Court in
Jackel signed an order, filed June 1, 2017,
requiring Defendants to promptly release to LNC's
attorney of record the entire file relating to
Jackel. (Doc. 23-2). LNC filed a Motion for Contempt
in Jackel on June 7, 2017, requesting a rule date
claiming Defendants failed to comply with the order. (Doc.
23-3). The Louisiana Fourth Judicial District Court, in
considering the pending federal action, withheld setting a
rule date on LNC's Motion for Contempt, pending this
Court's ruling on Defendants' Motion to Enjoin (Doc.
6).[2]

In the
instant suit, LNC filed a Motion to Remand and Motion for
Attorney Fees arguing this Court lacks subject matter
jurisdiction. (Doc. 10) A Report and Recommendation has been
issued recommending the Motion to Remand (Doc. 10) be granted
for lack ...

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